The opposition to an application for appointment as administrator shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. This opposition shall comply with Article 2972, and shall allege the prior right of opponent to the appointment, or the grounds on which it is claimed the applicant is disqualified. If the opposition is based on a prior right to the appointment, the opponent shall pray that he be appointed administrator.
Art. 3095.Opposition to Application For Appointment
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 1. Qualification of Succession Representatives · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3095 lets anyone with a prior right to appointment, or grounds to disqualify the applicant, oppose an application for administrator by filing and serving an opposition before the hearing, praying to be appointed if claiming a prior right.
Full Text of Art. 3095
Plain-English Summary
An application for appointment as administrator is not necessarily uncontested. Article 3095 gives an interested person two distinct grounds to fight it: a prior right to the appointment, typically grounded in the priority scheme of Article 3098, or facts showing the applicant is disqualified under Article 3097.
The opposition itself is a contradictory motion, so it must comply with Article 2972, the general rule governing succession oppositions, and it must be both filed before the hearing on the application and served on the applicant. Filing without serving, or serving late, does not satisfy the article.
An opponent who claims a prior right cannot just block the applicant; the opposition has to affirmatively pray that the opponent be appointed administrator instead. An opposition based purely on disqualification does not carry that same requirement, since its point is to knock out the applicant rather than to substitute the opponent in their place.
Frequently Asked Questions
Who can oppose an application to be appointed administrator?
What are the two grounds for filing an opposition?
A prior right of the opponent to the appointment, or a disqualification of the applicant. The opposition must specify which ground it relies on.
Does an opponent need to ask to be appointed personally?
Only when relying on a prior right. Article 3095 requires that opponent's petition to pray for their own appointment as administrator, not just for denial of the applicant's request.
When must the opposition be filed?
Before the hearing on the application, and it must be served on the applicant. A late or unserved opposition does not comply with Article 3095.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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